ID: 23667.drn

Mr. Mike J. Gower
Trico Products (Europe) Ltd.
High Street North
Dunstable
Beds. LU6 1UZ
United Kingdom

Dear Mr. Gower:

This responds to your request for an interpretation of the correct "seating reference point" to use for a designated seating position when applying Standard No. 104, Windshield wiping and washing systems, to passenger cars. You ask whether the seating reference point is "that point which is in the rearmost position of the total seat travel and if the total seat movement envelope is trapezoidal in side view . . ., that this required point would also be the lowest?"

Until April 8, 1993, the rearmost position of the driver's seat was required to be used for the determination of wiped areas A, B, and C in Standard No. 104. However, as explained below, this was changed by a 1993 final rule (44 FR 13021).

S4.1.2 of Standard No. 104 specifies the area of the windshield that must be wiped by the vehicle's windshield wiping system. Paragraph S4.1.2.1 of the standard refers to SAE Recommended Practice J903a, May 1966, Passenger Car Windshield Wiper Systems. SAE J903a, paragraph 2.4(a), states that the wiped area on the windshield glazing surface is "defined and qualified" by the driver's seat in the rearmost position. It also states, "see Figure 1," which identifies "manikin H point with seat in rearmost position." Nonetheless, a March 9, 1993 final rule (copy enclosed), amended S3 of Standard No. 104 to substitute the term "seating reference point" for the term "manikin H point with seat in rearmost position." Specifically, S3 was amended to state: "The term seating reference point is substituted for the terms manikin H point with seat in the rearmost position and H point wherever any of these terms appear in any SAE Standard or SAE Recommended Practice referred to in this standard." Therefore, the term "seating reference point" replaces "manikin H point with seat in rearmost position" in Figure 1 of SAE J903a.

Definitions for terms used in the Federal motor vehicle safety standards (one of which is Standard No. 104) are at 49 CFR 571.3, Definitions. "Seating reference point" (SgRP) is defined as:

the unique design H-point, as defined in SAE J1100 (June 1984), which

(a) Establishes the rearmost normal design driving or riding position of each designated seating position, which includes consideration of all modes of adjustment, horizontal, vertical, and tilt, in a vehicle;

(b) Has X, Y and Z coordinates, as defined in SAE J1100 (June 1984), established relative to the designed vehicle structure;

(c) Simulates the position of the pivot center of the human torso and thigh; and

(d) Is the reference point employed to position the two-dimensional drafting template with the 95^th percentile leg described in SAE J826 (May 1987), or, if the drafting template with the 95^th percentile leg cannot be positioned in the seating position, is located with the seat in its most rearward adjustment position.

The "Seating reference point" is not necessarily determined with the driver seat in its rearmost adjustment position. Instead, the SgRP may be located where the SAE J826 two-dimensional drafting template using a leg segment representative of a 95^th percentile adult male is positioned. If a seat is provided with adjustment positions to accommodate persons larger than the 95^th percentile adult male, any such adjustment positions would not affect the location of the SgRP. On the other hand, if the drafting template with the 95^th percentile leg could not be positioned in the seat because its rearmost adjustment is too far forward, the SgRP must be located with the seat in its most rearward adjustment position.

You could continue to use the rearmost position of the driver's seat in determining the wiped areas in Standard No. 104, although those areas may be slightly greater than if you used the seating reference point as interpreted above. This conservative approach could provide a margin of compliance to ensure that all vehicles produced will meet the Standard's requirements.

You also asked whether the seating reference point was determined with the seat in its lowest adjustment point. SAE Jll00, June 1984, Motor Vehicle Dimensions (referenced above), paragraph 2.1, explains adjustments of the front seat position other than its rearmost normal driving position. It states that all other adjustable features, such as an adjustable steering wheel, and adjustable seat height, etc., shall be positioned in their normal driving position as specified by the manufacturer. Although a motor vehicle manufacturer may specify any seat height that would also be consistent with the fore-aft procedure for the seating reference point described above, you could use a variety of positions (full up, mid, full down, etc.) to determine the worst case (largest areas) for an additional margin of compliance.

I hope this information is helpful. If you have any further questions, please contact Ms. Dorothy Nakama this address or at (202) 366-2992.

Sincerely,

John Womack
Acting Chief Counsel

Enclosure
ref:104#571
d.1/9/02

ID: 24545.drn

Ms. Doris Schaller-Schnedl
Homologation Department
Magna Steyr Engineering
Liebenauer Hauptstrae 317.A
8041 Graz
AUSTRIA




Dear Ms. Schaller-Schnedl:

This responds to your June 7, 2002, letter asking whether the Federal motor vehicle safety standards have definitions that are similar to those of the EEC for H-point and R-Point.

You provided the following EEC definitions of H-point and R-point:

H-point means the pivot center of the torso and thigh of the 3 DH machine installed in the vehicle seat []. The 'H' point is located in the center of the centerline of the device which is between the 'H' point sight buttons on either side of the 3 DH machine. The 'H' point corresponds theoretically to the 'R' point.

R-point means a design point defined by the vehicle manufacturer for each seating position and established with respect to the three-dimensional reference system.

For purposes of our safety standards, 49 CFR 571.3, Definitions, includes a definition for "H point," but not for "R-point." However, 571.3 defines "seating reference point," which is similar in some respects to the "R-point." "H point" is defined in 571.3 as:

the mechanically hinged hip point of a manikin which simulates the actual pivot center of the human torso and thigh, described in SAE Recommended Practice J826, "Manikins for Use in Defining Vehicle Seating Accommodations," November 1962.

"Seating reference point" (SgRP) is defined in 571.3 as:

the unique design H-point, as defined in SAE J1100 (June 1984), which:

(a) Establishes the rearmost normal design driving or riding position of each designated seating position, which includes consideration of all modes of adjustment, horizontal, vertical, and tilt, in a vehicle;

(b) Has X, Y, and Z coordinates, as defined in SAE J1100 (June 1984), established relative to the designed vehicle structure;

(c) Simulates the position of the pivot center of the human torso and thigh; and

(d) Is the reference point employed to position the two-dimensional drafting template with the 95^th percentile leg described in SAE J826 (May 1987), or, if the drafting template with the 95^th percentile leg cannot be positioned in the seating position, is located with the seat in its most rearward adjustment position.

The H point and mostly SgRP are used in the test procedures of a number of NHTSA standards. They include: Standard No. 104, Windshield wiping and washing systems; Standard No. 201, Occupant protection in interior impact; Standard No. 202, Head restraints; Standard No. 207, Seating systems; Standard No. 208, Occupant crash protection; Standard No. 210, Seat belt assembly anchorages; Standard No. 213, Child restraint systems; and Standard No. 214, Side impact protection.

For your information, we have enclosed a copy of a January 9, 2002, letter to Mr. Mike J. Gower of Trico Products (Europe) Ltd., which discusses a 1993 rulemaking that replaced a reference to "manikin H point with seat in rearmost position" in Standard No. 104 with a reference to "seating reference point."

You also ask whether there is a requirement in the safety standards similar to that in the European Standards that, "the H-point has to lie within a certain distance from the R-point. (Square of 50 mm, 74/60/EEC)." While it is difficult to find a directly comparable requirement in the Federal motor vehicle safety standards (FMVSSs) cited above, we believe Standard No. 208 comes close to it in the requirement of the "H" point location when positioning the 50^th percentile dummy. You can find further details on the use of the "H" point and the "SgRP" in the FMVSSs by referring to the Code of Federal Regulations (CFR), 49 CFR Part 571. Those without a hard copy of the CFR may access them in electronic form at www.access.gpo.gov/nara.

I hope this information is helpful. If you need further assistance, please contact Dorothy Nakama of my staff at this address or at (202) 366-2992.

Sincerely,

Jacqueline Glassman
Chief Counsel

Enclosure
ref:571
d.8/20/02

ID: 09-002613 BMW positioning the seat

ID: Std. No. 202(a)

ID: aiam4573

"Dear Ms. Rooney: This responds to your letter requesting a interpretation of Federal Motor Vehicle Safety Standard No. l0l, Controls and Displays. We apologize for the delay in our response. You stated that it is your understanding that any car sound system which is factory installed must have light intensities that have two values, a higher one for day and a lower one for night, that these two light intensities do not have to be variable, and that any color may be used to illuminate the system. You asked for confirmation of this understanding. As discussed below, Standard No. l0l's requirements in this area are somewhat more flexible than suggested by your letter. By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter. The requirements of Standard No. l0l that are relevant to car sound systems are set forth in section S5.3.5. That section states: S5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin 'H' point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passenger compartment illuminated. With respect to car sound systems, section S5.3.5's requirements can be summarized as follows. First, the requirements generally apply to any car sound system that is installed in a motor vehicle before its first sale to a consumer and that includes a source of illumination which is forward of the driver. Second, the section requires that any such source of illumination have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. No color requirements are specified for the source of illumination of a car sound system. I would note that, at the option of the manufacturer, motor vehicles manufactured before September l, l989, may comply with the requirements of Standard No. l00 instead of the requirements of Standard No. l0l. This provision is of relevance for some, but not all, car sound systems, and only for vehicles manufactured before September l, l989. If you desire further information about this provision, please contact us. Sincerely, Erika Z. Jones Chief Counsel";

ID: aiam4649

"Dear Mr. Bowen: This responds to your letter concerning th installation of a television receiver in view of the driver of a vehicle. You asked whether the television is required to be off, when the ignition switch is turned on. I regret the delay in responding. Your question is responded to below. By way of background information, the National Highway Traffic Safety Administration (NHTSA) does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufacturer to ensure that its vehicles and equipment meet applicable standards. The following represents our opinion based on the facts provided in your letter. I have enclosed a copy of a June 4, l987 letter, addressed to Panasonic, which discusses a number of issues relating to the installation of television receivers in motor vehicles. The letter notes that NHTSA does not have any safety standards specifically covering television receivers. The letter also explains that is possible that the installation of a television receiver could affect the compliance of a vehicle with some safety standards. With respect to your specific question concerning whether a television receiver installed in view of the driver of a vehicle is required to be off when the ignition is turned on, I would like to draw your attention to one requirement of Standard No. l0l, Controls and Displays. Section S5.3.5 of that standard reads as follows: Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin 'H' point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passenger compartment illuminated. The purpose of this requirement is to prevent glare visible to the driver. If a television receiver installed in view of the driver is capable of operation while the vehicle is in motion, it would be subject to this requirement. While NHTSA does not have any safety standards specifically covering television receivers, the installation of a television receiver in view of the driver which is capable of operation while the vehicle is in motion would raise obvious safety concerns related to possible driver distraction. If you are considering such installation, we recommend that you carefully evaluate the safety implications of such action. Finally, I note that state laws may cover the installation of television receivers in motor vehicles. The American Association of Motor Vehicle Administrators may be able to provide information on that issue. Its address is: 4200 Wilson Boulevard, Suite 600, Arlington, Virginia 22203. Sincerely, Stephen P. Wood Acting Chief Counsel";

ID: aiam4440

"Dear Mr. Tokunaga: This responds to your letter asking about Federa Motor Vehicle Safety Standard No. l0l, Controls and Displays, as amended by a final rule published in the FEDERAL REGISTER (52 FR 3244) on February 3, l987. We apologize for the delay in our response. You described a proposed design for a radio and asked whether the requirements of section S5.3.5 would apply to the source of illumination for the radio and, if so, whether your design would meet those requirements. The following represents our opinion based on the facts provided in your letter. As discussed below, the requirements of section S5.3.5 would apply to the source of illumination for your planned radio. Your current design would meet the requirements of that section. You described your planned radio as follows: In the case of the radio to be installed on our vehicle, radio display is automatically illuminated when radio switch is turned 'on.' Likewise, when the switch is turned 'off,' this display is automatically extinguished. This illumination is a single intensity, but the intensity is not 'barely discernible to a driver who has adapted to dark ambient roadway conditions.' The current language of section S5.3.5, which reflects an amendment made by a final rule published in the FEDERAL REGISTER (52 FR 334l6) on September 3, l987, is as follows: S5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin 'H' point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passenger compartment illuminated. The first issue raised by your letter is whether section S5.3.5 would apply to your proposed design. The answer to that question is yes. You suggested that the section might not apply, since 'display illumination turns 'on' or 'off' simultaneously with the 'on' or 'off' operation of radio switch irrespective of vehicle motion.' However, section S5.3.5's limitation of applicability to sources of illumination which are 'capable of being illuminated while the vehicle is in motion' does not refer to illuminations which are provided only when the vehicle is in motion but instead incorporates all sources of illumination which are 'capable' of being illuminated while the vehicle is in motion. The second issue raised by your letter is whether your proposed design meets the requirements of section S5.3.5. You suggested that the 'off' switch of the radio would be 'a means of being turned off,' under that section. We agree with your suggested interpretation. Section S5.3.5 requires that the 'source of illumination' have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. As discussed in the preamble to the February 3, l987 final rule, the purpose of providing section S5.3.5's three options was to meet concerns raised by commenters, while maintaining essential limits on glare. Although a driver may use the radio while driving at night, he or she will have the means to remove the radio as a source of glare by turning the radio off. In our view, this meets section S5.3.5's third option. Sincerely, Erika Z. Jones Chief Counsel";

ID: aiam2441

Dear Mr. Rupp: This responds to your April 30, 1976 request for confirmation tha 'liability' for the correct location of a vehicle's seating reference point (SRP) lies with a vehicle manufacturer or alterer that installs seating and not with the manufacturer of the seat. I regret that we have not responded to your request sooner.; >>>'Seating reference point' is defined by NHTSA regulations (49 CFR 571.3) to mean --; . . . .the manufacturer's design reference point which -- (a) Establishes the rearmost normal design driving or riding positio of each designated seating position in a vehicle,; (b) Has coordinates established relative to the designed vehicl structure,; (c) Simulates the position of the pivot center of the human torso an thigh, and; (d) Is the reference point employed to position the two dimensiona templates described in SAE recommended Practice J826, 'Manikins for Use in Defining Vehicle Seating Accommodation', November 1962.<<<; While the term 'manufacturer' found in the beginning of this definitio could refer to either a vehicle or equipment manufacturer under the relevant statutory definition (15 U.S.C. & (sic) 102(5)), the references in subparagraphs (a) and (b) make clear that the SRP is a location established with reference to the vehicle structure. It is a commonly understood reference point for specifying the available space for a seated occupant within a vehicle. The only exception to this relationship to the vehicle has been in the case of Standard No. 222, *School Bus Passenger Seating and Crash Protection*, where the NHTSA has indicated it would accept an SRP designation that is established with reference to the seat frame. This policy is limited to school buses where seat placement within the vehicle is subject to more variation than in other vehicle types.; This means that the NHTSA, in verifying the compliance of a vehicl with a standard such as Standard No. 210, *Seat Belt Anchorages*, will ask the vehicle manufacturer for the location of the SRP.; Sincerely, Frank A. Berndt, Acting Chief Counsel

ID: 16055.ogm

Mr. Freeman Chen
Associate Counsel
US JVC Corp.
41 Slater Drive
Elmwood Park, NJ 07407

Dear Mr. Chen:

This responds to your letter regarding your company's intention to produce a small flat screen LCD television receiver which would be suitable for use in passenger cars. Specifically, you ask if there are any guidelines or regulations regarding the size of the television, special feature requirements, or any restrictions on where these televisions may be installed in a vehicle.

The National Highway Traffic Safety Administration (NHTSA) does not have any safety standards specifically covering television receivers. However, it is possible that the installation of a television receiver could affect the compliance of a vehicle with some safety standards.

All new vehicles manufactured for sale in the United States must be certified by their manufacturer as complying with the Federal motor vehicle safety standards. If your television receivers are installed in a new vehicle prior to its first sale to a consumer, the manufacturer or dealer would be required to certify that the vehicle as altered continues to comply with all applicable Federal motor vehicle safety standards.

After a vehicle is sold at retail, Federal law limits the modifications made to it by manufacturers, distributors, dealers, and repair businesses. These entities are prohibited under 49 U.S.C. section 30122 from "knowingly making inoperative" any device or element of design installed on or in a motor vehicle in compliance with an applicable safety standard. In general, the "make inoperative" prohibition would require a business which modifies motor vehicles to ensure that they do not remove, disconnect, or degrade the performance of safety equipment installed in compliance with an applicable safety standard. Violations of this prohibition are punishable by civil fines up to $1,100 per violation.

Depending on where and how the device is mounted, the installation of a television receiver could affect the compliance of a vehicle with some safety standards. For example, standard No. 201, Occupant protection in interior impact, establishes requirements for the performance of certain interior areas of a vehicle in protecting occupants from injury if they contact these areas in a crash. The requirements of standard 201 apply to dashboards, seat backs, visors, and other interior sections where a flat panel TV screen might be mounted. Beginning September 1, 1998, new head impact protection requirements will apply to pillars, side rails, roof headers and the roof itself.

Standard No. l0l, Controls and Displays, contains requirements relating to the location, illumination, and labeling of controls and displays. One section of this standard, section S5.3.5, imposes certain requirements on illuminated devices in the vicinity of the driver. This section provides:

Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (ll0.6 mm) rearward of the manikin 'H' point with the driver's seat in its rearmost driving position, which is not used for the controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (l) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off.

The purpose of this requirement is to prevent glare visible to the driver. If a television receiver installed in view of the driver is capable of operation while the vehicle is in motion, it would be subject to this requirement.

While NHTSA does not have any safety standards specifically covering television receivers, the installation of a television receiver in view of the driver which is capable of operation while the vehicle is in motion would raise obvious safety concerns related to possible driver distraction.

Finally, I note that state laws may cover the installation of television receivers in motor vehicles. You should contact the Department of Motor Vehicles in any state in which the equipment will be sold or used for information on state laws.

I hope that this is information is helpful. If you have any questions, please contact Otto Matheke of my staff at (202) 366-5253.

Sincerely,
John Womack
Acting Chief Counsel
d.1/8/98
ref:201

ID: nht89-1.31

TYPE: INTERPRETATION-NHTSA

DATE: 03/07/89

FROM: ERIKA Z. JONES -- CHIEF COUNSEL NHTSA

TO: THERESA ROONEY -- ALPINE ELECTRONICS OF AMERICA, INC.

TITLE: NONE

ATTACHMT: LETTER DATED 02/26/87 FROM THERESA ROONEY TO ED GLANCY -- NHTSA, RE FMVSS 101, OCC 1676

TEXT: Dear Ms. Rooney:

This responds to your letter requesting an interpretation of Federal Motor Vehicle Safety Standard No. 101, Controls and Displays. We apologize for the delay in our response. You stated that it is your understanding that any car sound system which is f actory installed must have light intensities that have two values, a higher one for day and a lower one for night; that these two light intensities do not have to be variable; and that any color may be used to illuminate the system. You asked for confir mation of this understanding. As discussed below, Standard No. 101's requirements in this area are somewhat more flexible than suggested by your letter.

By way of background information, the National Highway Traffic Safety Administration does not provide approvals of motor vehicles or motor vehicle equipment. Under the National Traffic and Motor Vehicle Safety Act, it is the responsibility of the manufa cturer to ensure that its motor vehicles or equipment comply with applicable safety standards. The following represents our opinion based on the facts provided in your letter.

The requirements of Standard No. 101 that are relevant to car sound systems are set forth in section S5.3.5. That section states:

S5.3.5 Any source of illumination within the passenger compartment which is forward of a transverse vertical plane 4.35 inch (110.6 mm) rearward of the manikin "H" point with the driver's seat in its rearmost driving position, which is not used for th e controls and displays regulated by this standard, which is not a telltale, and which is capable of being illuminated while the vehicle is in motion, shall have either (1) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a single intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. This requirement does not apply to buses that are normally operated with the passenger compartment illuminated.

With respect to car sound systems, section S.5.3.5's requirements can be summarized as follows. First, the requirements generally apply to any car sound system that is installed in a motor vehicle before its first sale to a consumer and that includes a source of illumination which is forward of the driver. Second, the section requires that any such source of illumination have either (1) light intensity which is manually or automatically adjustable to provide at least two levels of brightness, (2) a sin gle intensity that is barely discernible to a driver who has adapted to dark ambient roadway conditions, or (3) a means of being turned off. No color requirements are specified for the source of illumination of a car sound system.

I would note that, at the option of the manufacturer, motor vehicles manufactured before September 1, 1989, may comply with the requirements of Standard No. 100 instead of the requirements of Standard No. 101. This provision is of relevance for some, bu t not all, car sound systems, and only for vehicles manufactured before September 1, 1989. If you desire further information about this provision, please contact us.

Sincerely,